123A.78 JOINT POWERS AGREEMENTS FOR FACILITIES. Subdivision 1. Instructional facilities. Any group of districts may form a joint powers
district under section
471.59 representing all participating districts to build or acquire a facility to
be used for instructional purposes. The joint powers board must submit the project for review and
comment under section
123B.71. The joint powers board must hold a hearing on the proposal.
The joint powers district must submit the question of authorizing the borrowing of funds for the
project to the voters of the joint powers district at a special election. The question submitted shall
state the total amount of funding needed from all sources. The joint powers board may issue the
bonds according to chapter 475 and certify the levy required by section
475.61 only if a majority
of those voting on the question vote in the affirmative and only after the school boards of each
member district have adopted a resolution pledging the full faith and credit of that district. The
resolution shall irrevocably commit that district to pay a proportionate share, based on pupil
units, of any debt levy shortages that, together with other funds available, would allow the joint
powers board to pay the principal and interest on the obligations. The district's payment of its
proportionate share of the shortfall shall be made from the district's capital expenditure fund. The
clerk of the joint powers board must certify the vote of the bond election to the commissioner.
Subd. 2. Shared facilities. A group of governmental units may form a joint powers district
under section
471.59 representing all participating units to build or acquire a facility. The joint
powers board must submit the project for review and comment under section
123B.71. The joint
powers board must hold a hearing on the proposal. The joint powers district must submit the
question of authorizing the borrowing of funds for the project to the voters of the joint powers
district at a special election. The question submitted shall state the total amount of funding needed
from all sources. The joint powers board may issue the bonds according to chapter 475 and certify
the levy required by section
475.61 only if a majority of those voting on the question vote in the
affirmative and only after the boards of each member unit have adopted a resolution pledging
the full faith and credit of that unit. The resolution must irrevocably commit that unit to pay an
agreed upon share of any debt levy shortages that, together with other funds available, would
allow the joint powers board to pay the principal and interest on the obligations. The clerk of the
joint powers board must certify the vote of the bond election to the commissioner.
History: 1990 c 562 art 11 s 1; 1991 c 265 art 5 s 4; 1Sp1995 c 3 art 16 s 13; 1998 c
397 art 5 s 1,104; art 11 s 3